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Posted on February 16, 2014Author

Alex RK

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Bailii capacity cases

A Clinical Commissioning Group v AF & Ors [2020] EWCOP 16 (27 March 2020)0
QD (Habitual Residence) (No.2) [2020] EWCOP 14 (25 March 2020)0
SF, Re [2020] EWCOP 15 (25 March 2020)0
Sunderland City Council v AS & Ors [2020] EWCOP 13 (20 March 2020)0
The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12 (11 March 2020)0

Bailii CRPD cases

Leighton, R (On the Application Of) v The Lord Chancellor [2020] EWHC 336 (Admin) (19 February 2020)0
From England and Wales High Court (Administrative Court) Decisions
CINTA v. ROMANIA - 3891/19 (Judgment : Right to respect for private and family life : Fourth Section) [2020] ECHR 150 (18 February 2020)0
From European Court of Human Rights
S B v South London and Maudsley National Health Service Foundation Trust (Tribunal procedure and practice - representatives) [2020] UKUT 33 (AAC) (30 January 2020)0
From Upper Tribunal (Administrative Appeals Chamber)
L.R. v. NORTH MACEDONIA - 38067/15 (Judgment : Preliminary objection dismissed : First Section) [2020] ECHR 69 (23 January 2020)0
From European Court of Human Rights
J.D. AND A v. THE UNITED KINGDOM (Discrimination : Reduction of benefit in order to incentivise social housing tenants to move into smaller accommodation) [2019] ECHR 753 (24 October 2019)0
From European Court of Human Rights
A.C. v Patricia Hickey General solicitor and Ors & A.C. v Fitzpatrick and Ors. [2019] IESC 73 (17 October 2019)0
From Supreme Court of Ireland Decisions
DXW v PXL [2019] EWHC 2579 (QB) (04 October 2019)0
From England and Wales High Court (Queen's Bench Division) Decisions
NIKOLYAN v. ARMENIA - 74438/14 (Judgment : Preliminary objection joined to merits and dismissed : First Section) [2019] ECHR 674 (03 October 2019)0
From European Court of Human Rights
Ewart, Re Application fro Judicial Review [2019] NIQB 88 (03 October 2019)0
From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
Barts NHS Foundation Trust v Raqeeb & Ors [2019] EWHC 2530 (Fam) (03 October 2019)0
From England and Wales High Court (Family Division) Decisions

MHLO updates

Summary of capacity assessment briefing note. Alex Ruck Keene, 'Going beyond the Mental Capacity Act in assessing capacity: recognising and overcoming biases and stereotypes' (The Mental Elf, 26/3/20)
— This blog post summarises Sophie Stammers and Lisa Bortolotti, 'Mitigating the risk of assumptions and biases in assessments of mental capacity' (University of Birmingham, 23/3/20).
Academic briefing note about assessment of mental capacity. Sophie Stammers and Lisa Bortolotti, 'Mitigating the risk of assumptions and biases in assessments of mental capacity' (University of Birmingham, 23/3/20)
— "Mental health and social care professionals routinely assess the capacity of people to make decisions about their lives, in accordance with the Mental Capacity Act 2005 (MCA). The briefing note outlines how the functional approach to testing capacity in the MCA underdetermines decisions, describing the risks for stereotypes and assumptions to affect outcomes. It […]
Coronavirus public health restrictions. Alex Ruck Keene, 'Public health restrictions and capacity' (Mental Capacity Law and Policy, 29/3/20)
— "Two sets of regulations brought into force in the past week have radically changed the legal landscape in England & Wales, effectively placing the population under severe restrictions (which the Daily Mail might even characterise as house arrest) for their good, and the good of society. This post looks at them through the prism […]
Social distancing and mental capacity. Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers,31/3/20)
— "The Court of Protection team have been asked to advise on a number of occasions since 17 March 2020 as to the legal position where a person (“P”) lives in the community and declines to practice social distancing in circumstances where P does not (or may not) have capacity to make decisions about social […]
Detailed COP remote hearing protocol. Court of Protection, 'Remote access to the Court of Protection guidance' (Mr Justice Hayden, 31/3/20)
— This 20-page document confirms that no COP hearings which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing. It includes a template case management order, and sets out sets out operational protocols governing remote hearings under the following headings: […]

Baillii Mental Health Act cases

Sunderland City Council v AS & Ors [2020] EWCOP 13 (20 March 2020)0
From England and Wales Court of Protection Decisions
A Healthcare B NHS Trust v CC [2020] EWHC 574 (Fam) (11 March 2020)0
From England and Wales High Court (Family Division) Decisions
The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12 (11 March 2020)0
From England and Wales Court of Protection Decisions
HU133002017 [2020] UKAITUR HU133002017 (9 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
HU229062018 [2020] UKAITUR HU229062018 (6 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
PA052452018 [2020] UKAITUR PA052452018 (2 March 2020)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
ABC v St George's Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) (28 February 2020)0
From England and Wales High Court (Queen's Bench Division) Decisions
Sherwood Forest Hospitals NHS Foundation Trust v C [2020] EWCOP 10 (27 February 2020)0
From England and Wales Court of Protection Decisions
Rodi, R. v [2020] EWCA (Crim) 330 (26 February 2020)0
From England and Wales Court of Appeal (Criminal Division) Decisions
Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) (21 February 2020)0
From England and Wales High Court (Queen's Bench Division) Decisions

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